FOIA Project Annotation: The court ruled that the EPA properly responded to four requests from the Community Association for Restoration of the Environment for records pertaining to settlement agreements with several dairy farms in the Yakima Valley concerning the impact of nitrates on the water supply. Because several of CARE's requests were sent by email late on a Friday, the parties disputed the date on which the requests were received since the EPA did not consider them received until the following Monday. The EPA took extensions for all CARE's requests and in response to one request concerning the agency's attempt to settle with one dairy farmer, it invoked Exemption 7(A) (interference with ongoing investigation or proceeding) until the farmer told the EPA he had sold all his cows. The dairy farms had claimed much of their information was confidential and protected under Exemption 4 (confidential business information). After completing its confidentiality determination the agency disclosed some of those records with heavy redactions. Because some of the records were involved in a reverse-FOIA suit in Minnesota, the agency withheld those as well. Finally, it withheld a large number of records responsive to one request under Exemption 5 (deliberative process privilege). But the court's opinion focused only on the procedural issues, particularly whether EPA had a policy of responding to requests after the statutory time limits. The court first found that CARE had standing to pursue the pattern and practice claim. The court noted that "CARE's interest in the timely production of the documents is sufficient to meet the 'injury-in-fact' requirement for standing." Agreeing with the agency on the date on which the email requests were received, the court observed that "CARE can hardly expect a request received by the [online FOIA request] system 10 minutes from the end of the business day Pacific Time, and after close of business Eastern Time, to be received and logged in by the appropriate office the same day. Calculating receipt by the next business day is standard in automated systems." The court found the EPA, except in a single instance, had properly invoked various extensions and had either responded on time or had provided a satisfactory explanation of its decision. The court pointed out that "common sense dictates that a single violation cannot constitute a 'pattern' or a 'practice.'" The court also found CARE was not eligible for attorney's fees. CARE argued the agency had dropped its 7(A) claim as a result of the litigation but the agency contended the change was due to a change in circumstances. The court agreed with the agency, noting that "the information was released after the Haak Dairy told the EPA it sold its cows, the very reason the EPA cited for having released the information."
Issues: Request - Receipt

FOIA Project Annotation: A federal court in Washington has ruled that the EPA properly responded to four requests from the Community Association for Restoration of the Environment for records pertaining to settlement agreements with several dairy farms in the Yakima Valley concerning the impact of nitrates on the water supply. Because several of CARE's requests were sent by email late on a Friday, the parties disputed the date on which the requests were received since the EPA did not consider them received until the following Monday. The EPA took extensions for all CARE's requests and in response to one request concerning the agency's attempt to settle with one dairy farmer, it invoked Exemption 7(A) (interference with ongoing investigation or proceeding) until the farmer told the EPA he had sold all his cows. The dairy farms had claimed much of their information was confidential and protected under Exemption 4 (confidential business information). After completing its confidentiality determination the agency disclosed some of those records with heavy redactions. Because some of the records were involved in a reverse-FOIA suit in Minnesota, the agency withheld those as well. Finally, it withheld a large number of records responsive to one request under Exemption 5 (deliberative process privilege). But the court's opinion focused only on the procedural issues, particularly whether EPA had a policy of responding to requests after the statutory time limits. The court first found that CARE had standing to pursue the pattern and practice claim. The court noted that "CARE's interest in the timely production of the documents is sufficient to meet the 'injury-in-fact' requirement for standing." Agreeing with the agency on the date on which the email requests were received, the court observed that "CARE can hardly expect a request received by the [online FOIA request] system 10 minutes from the end of the business day Pacific Time, and after close of business Eastern Time, to be received and logged in by the appropriate office the same day. Calculating receipt by the next business day is standard in automated systems." The court found the EPA, except in a single instance, had properly invoked various extensions and had either responded on time or had provided a satisfactory explanation of its decision. The court pointed out that "common sense dictates that a single violation cannot constitute a 'pattern' or a 'practice.'" The court also found CARE was not eligible for attorney's fees. CARE argued the agency had dropped its 7(A) claim as a result of the litigation but the agency contended the change was due to a change in circumstances. The court agreed with the agency, noting that "the information was released after the Haak Dairy told the EPA it sold its cows, the very reason the EPA cited for having released the information."
Issues: Adequacy - Search

TEXT-ONLY ORDER (no pdf will issue) granting 8 Motion for Leave to Appear Pro Hac Vice. Added Attorney Daniel C Snyder for Community Association for Restoration of the Environment Inc. This is a text-only entry and constitutes the Court's ruling or notice on the matter. Signed by Chief Judge Rosanna Malouf Peterson. (CP, Courtroom Deputy) (Entered: 08/13/2013)

ORDER granting 15 Motion to Amend/Correct. Plaintiff's Unopposed Motion to File a Second Amended Complaint is GRANTED. Plaintiff is directed to file its Second Amended Complaint forthwith. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/03/2014)

Stipulated MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Protective Order and MOTION to Stay by Community Association for Restoration of the Environment Inc. Motion Hearing set for 3/4/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Affidavit Affidavit of Daniel Snyder, # 2 Text of Proposed Order Proposed Order)(Rodgers Harris, Andrea) (Entered: 02/25/2014)

2014-02-25

23

MOTION to Expedite Consideration of Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Protective Order and to Stay Discovery by Community Association for Restoration of the Environment Inc. Motion Hearing set for 3/4/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Rodgers Harris, Andrea) (Entered: 02/25/2014)

2014-03-03

24

ORDER. Pursuant to the parties' stipulation and for good cause shown, Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Protective Order and to Stay Discovery ECF No. 22 is GRANTED. Plaintiff is directed to file its responsive brief on or before 3/14/2014 . Plaintiff's Motion to Expedite Consideration of Plaintiff's Unopposed Motion for Extension of Time to File Response ECF No. 23 is GRANTED. TEXT ONLY ORDER; NO PDF DOCUMENT. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 03/03/2014)

2014-03-14

25

RESPONSE to Motion re 21 MOTION for Protective Order and MOTION to Stay filed by Community Association for Restoration of the Environment Inc. (Snyder, Daniel) (Entered: 03/14/2014)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference. Proceedings held on 12/6/2013 in Spokane, WA before Judge Rosanna Malouf Peterson. Page Numbers: 1-9 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf. To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509-458-5283. Redaction Request due 4/11/2014. Redacted Transcript Deadline set for 4/21/2014. Release of Transcript Restriction set for 6/19/2014. (CV, Case Administrator) (Entered: 03/21/2014)

ORDER GRANTING DEFENDANTS MOTION FOR A PROTECTIVE ORDER AND TO STAY DISCOVERY. Defendants Motion for a Protective Order and Motion to Stay ECF No. 21 is GRANTED. Discovery is stayed until such time as the Court directs, after the Courts ruling on the parties forthcoming motions for summary judgment. Plaintiffs Motion for a Telephonic Status Conference ECF No. 26 is DENIED as moot. Plaintiffs Motion to Expedite ECF No. 28 is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 03/27/2014)

2014-04-04

34

MOTION for Summary Judgment and Supporting Memorandum by United States Environmental Protection Agency. Motion Hearing set for 7/7/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Waldref, Vanessa) (Entered: 04/04/2014)

MOTION for Extension of Time to File Response/Reply as to 35 Statement of Facts, 34 MOTION for Summary Judgment and Supporting Memorandum by Community Association for Restoration of the Environment Inc. Motion Hearing set for 5/27/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Snyder, Daniel) (Entered: 04/24/2014)

2014-04-24

37

MOTION to Expedite Consideration of Plaintiff's Motion to Extend Time to Respond by Community Association for Restoration of the Environment Inc. Motion Hearing set for 4/25/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Snyder, Daniel) (Entered: 04/24/2014)

2014-04-24

38

ORDER: Plaintiff's unopposed Motion to Extend Time to Respond to Defendant's Motion for Summary Judgment ECF No. 36 is GRANTED for good cause shown. Plaintiff's response to Defendant's Motion for Summary Judgment ECF No. 34 , if any, is due on or before 5/16/2014 . Plaintiff's Motion to Expedite ECF No. 37 is GRANTED. TEXT ONLY ORDER; NO PDF TO FOLLOW. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 04/24/2014)

MOTION for Leave to File Excess Pages in Support of Cross-Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Community Association for Restoration of the Environment Inc. Motion Hearing set for 6/16/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Snyder, Daniel) (Entered: 05/16/2014)

2014-05-27

43

DECLARATION by Helen Reddout in Support re 39 Cross MOTION for Partial Summary Judgment and Response in Opposition to EPA's Motion for Summary Judgment filed by Community Association for Restoration of the Environment Inc. (Snyder, Daniel) (Entered: 05/27/2014)

2014-05-28

44

Stipulated MOTION for Extension of Time to File Response/Reply as to 39 Cross MOTION for Partial Summary Judgment and Response in Opposition to EPA's Motion for Summary Judgment by United States Environmental Protection Agency. Motion Hearing set for 6/5/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Affidavit Declaration of Vanessa R. Waldref, # 2 Text of Proposed Order)(Waldref, Vanessa) (Entered: 05/28/2014)

2014-05-28

45

MOTION to Expedite EPA's Motion to Extend Time to file Response to Plaintiff's Cross-Motion by United States Environmental Protection Agency. Motion Hearing set for 6/4/2014 at 06:30 PM in Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 05/28/2014)

ORDER granting 44 Defendant's Motion for Extension of Time to File Response/Reply. Defendant shall file its combined response by 6/6/2014. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 05/29/2014)

2014-06-06

48

MEMORANDUM in Opposition re 39 Cross MOTION for Partial Summary Judgment and Response in Opposition to EPA's Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by United States Environmental Protection Agency. (Waldref, Vanessa) (Entered: 06/06/2014)

NOTICE OF HEARING BY COURT: At the request of counsel, a telephonic discovery hearing is set for 6/30/2014 at 2:00 p.m. before Judge Thomas O. Rice. The parties are directed to call the Court's conference line five (5) minutes prior to the scheduled hearing time at (888) 273-3658. When prompted, enter Access Code 2982935 and Security Code 3016. Counsel are reminded that the use of cell phones or speaker phones is not permitted for telephonic hearings. TEXT ONLY NOTICE; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 06/26/2014)

2014-06-26

54

NOTICE OF CANCELLATION BY COURT: The discovery hearing set for 6/30/2014 was incorrectly docketed in this matter. COUNSEL ARE NOT REQUIRED TO PARTICIPATE IN THE 6/30/2014 HEARING. Text entry;no PDF document. (BF, Judicial Assistant) (Entered: 06/26/2014)

NOTICE OF CALL-IN INSTRUCTIONS FOR 7/23/2014 MOTIONS HEARING: The parties are directed to call the Court's toll-free conference line at (888) 273-3658 five (5) minutes prior to the designated hearing time. When prompted, enter Access Code 2982935 and Security Code 3067. Counsel are reminded that the use of cellular phones or speaker phones is not permitted for telephonic proceedings. TEXT ONLY NOTICE; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 07/22/2014)

ORDER RE: MOTIONS FOR SUMMARY JUDGMENT. Defendants Motion for Summary Judgment ECF No. 34 is GRANTED in part and DENIED in part. Plaintiffs Cross Motion for Partial Summary Judgment ECF No. 39 is DENIED. The parties are directed to submit additional briefing, if desired, on the availability of relief under the Administrative Procedure Act. Cross Motions for Summary Judgment shall be filed by both parties on or before 10/6/2014 . Responsive briefing will proceed in accordance with Local Rule 7.1. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 08/06/2014)

2014-10-06

60

STIPULATION of Dismissal by the parties by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 10/06/2014)

ORDER DISMISSING CASE. Pursuant to the parties stipulation, all claims and causes of action in this matter are DISMISSED with prejudice and without costs or fees to any party. The file is CLOSED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 10/06/2014)